news – Page 988 – Current Awareness

Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996 – Practical Law: Construction Blog

Posted July 19th, 2019 in compensation, jurisdiction, news, party walls, surveyors by sally

‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable amount of debate among party wall surveyors, so every opportunity for judicial scrutiny and clarification should be welcomed. Therefore, the slightly unusual circumstances that unfolded in the 2012 unreported case of Davis v Trustees of 2 Mulberry Walk provides us with some useful guidance in relation to the operation of section 7(2).’

Practical Law: Construction Blog, 17th July 2019

Source: constructionblog.practicallaw.com

CA ruling on ATE and proportionality “a victory for access to justice” – Litigation Futures

Posted July 19th, 2019 in costs, insurance, news, proportionality by sally

‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’

Litigation Futures, 18th July 2019

Source: www.litigationfutures.com

Competition watchdog warns Viagogo court action will continue – The Guardian

Posted July 19th, 2019 in competition, consumer protection, contempt of court, news, sport by sally

‘The competition regulator has warned Viagogo that contempt of court proceedings against it will continue, despite a legal ruling that the controversial ticket resale company has hailed as a victory.’

The Guardian, 18th July 2019

Source: www.theguardian.com

Farmer fined after blaming sheep for 23ft hole he made in Offa’s Dyke – Daily Telegraph

Posted July 19th, 2019 in animals, criminal damage, fines, monuments, news by sally

‘A farmer who busted a 23ft hole in a world-famous Welsh monument and then tried to blame his sheep, has been ordered to pay more than £2,000.’

Daily Telegraph, 18th July 2019

Source: www.telegraph.co.uk

Violence rockets as police solve 40,000 fewer crimes a year in deepening ‘crisis’ – The Independent

Posted July 19th, 2019 in criminal justice, news, prosecutions, statistics by sally

‘Violence has risen by 20 per cent in a year as the number of crimes solved plummeted by 40,000, new figures show amid warnings of a deepening “crisis” in the justice system.’

The Independent, 18th July 2019

Source: www.independent.co.uk

Facial recognition trials should stop, MPs say – The Independent

Posted July 19th, 2019 in bills, facial mapping, forensic science, news, police, privacy by sally

‘Police forces must stop using facial recognition technology until a legal framework for its use is set up, MPs have said.’

The Independent, 19th July 2019

Source: www.independent.co.uk

Lucy McHugh: How a Facebook password trapped a killer – BBC News

Posted July 19th, 2019 in evidence, forensic science, internet, murder, news, rape, video recordings by sally

‘A “violent sexual predator” who killed a 13-year-old girl in a bid to silence her is to be sentenced on Friday for her rape and murder. His arrest sparked one of the UK’s biggest evidence searches and a trawl of thousands of hours of CCTV footage. But a Facebook password proved to be his ultimate undoing.’

BBC News, 19th July 2019

Source: www.bbc.co.uk

Breast-ironing is abuse and could lead to prison term, says CPS – The Guardian

Posted July 19th, 2019 in child abuse, Crown Prosecution Service, female genital mutilation, news, prosecutions, sentencing by sally

‘Relatives who “iron” a young girl’s chest with a hot stone or other objects to delay breast formation could face up to 10 years in prison, under new guidance published by the Crown Prosecution Service.’

The Guardian, 19th July 2019

Source: www.theguardian.com

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by sally

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Code aims to improve standard of private prosecutions – Law Society’s Gazette

Posted July 18th, 2019 in codes of practice, news, private prosecutions, solicitors, standards by sally

‘Lawyers advising clients in the controversial area of private prosecutions have published a code that aims to improve the standard of prosecutions and increase judicial understanding of the process.’

Law Society's Gazette, 18th July 2019

Source: www.lawgazette.co.uk

House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by sally

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

The Guardian, 17th July 2019

Source: www.theguardian.com

Home Office used ‘confused, misleading, incomplete and unsafe’ evidence to revoke visas of tens of thousands of international students, report finds – The Independent

Posted July 18th, 2019 in auditors, deceit, education, evidence, examinations, fraud, government departments, immigration, news, statistics, universities, visas by sally

‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’

The Independent, 18th July 2019

Source: www.independent.co.uk

Govia Thameslink fined £1m over Gatwick Express window death – BBC News

Posted July 18th, 2019 in accidents, corporate manslaughter, fines, health & safety, news, railways by sally

‘A rail firm has been fined £1m after a man died leaning out of a train window. Simon Brown, 24, was killed when he hit his head on a steel gantry on the side of the track while on the Gatwick Express in London in August 2016. In May, Govia Thameslink Railway admitted a health and safety breach because a sign saying not to lean out was not displayed clearly enough.’

BBC News, 17th July 2019

Source: www.bbc.co.uk

Manchester Arena bomber’s brother held in UK after extradition – The Guardian

Posted July 18th, 2019 in children, citizenship, conspiracy, delay, extradition, families, inquests, inquiries, Libya, murder, news, passports, terrorism, treaties, victims by sally

‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’

The Guardian, 17th July 2019

Source: www.theguardian.com

Woman wins right to late partner’s military pension in landmark ruling – BBC News

Posted July 18th, 2019 in appeals, armed forces, bereavement, cohabitation, divorce, equality, financial dispute resolution, human rights, married persons, news, pensions, widows by sally

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

BBC News, 17th July 2019

Source: www.bbc.co.uk

Civil remedies will remain vital for companies despite new fraud code – OUT-LAW.com

Posted July 17th, 2019 in codes of practice, fraud, injunctions, news by sally

‘Civil recovery remedies will remain a vital tool for defrauded companies seeking recovery of stolen funds regardless of new industry initiatives such as the authorised push payment (APP) fraud code, according to an expert at Pinsent Masons, the law firm behind Out-Law.’

OUT-LAW.com, 16th July 2019

Source: www.pinsentmasons.com

Paedophile spared jail after police and prosecutor blunders – Daily Telegraph

Posted July 17th, 2019 in guilty pleas, indecent photographs of children, mistake, news, police, prosecutions, sentencing, suspended sentences by sally

‘A paedophile has been spared jail after a judge claimed a series of mistakes from the police and prosecutors have allowed him to walk free.’

Daily Telegraph, 16th July 2019

Source: www.telegraph.co.uk

London Bridge attackers lawfully killed, inquest finds – BBC News

Posted July 17th, 2019 in firearms, inquests, news, police, terrorism by sally

‘The three London Bridge attackers, who killed eight people in 2017, were lawfully killed by police, an inquest has found.’

BBC News, 16th July 2019

Source: www.bbc.co.uk

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